Posted: November 23rd, 2018
Garda Ronan Leonard has been awarded €8,000 workplace injury compensation at the High Court due to a soft tissue shoulder injury which he sustained while in pursuit of a suspect as part of his work duties.
The compensation legal action that was submitted by Garda Leonard sought €20,000 Garda workplace injury compensation against the Minister for Public Expenditure and Reform. Garda Leonard suffered the shoulder injury in the fall that occurred on July 11, 2014, while he was chasing the suspect.
In the aftermath of the fall Garda Leonard attended with an out-of-hours doctor service and, from here, he was sent to an Accident and Emergency hospital department. The X-rays that were conducted show that Garda Leonard suffered no bone breaks. Garda Leonard was allowed to go home with a prescription for painkillers and anti-inflammatories. Due to the injury in the fall he could not attend work for a period of five days.
Due to constant pain Garda Leonard was suffering with, he went to his local Doctor where he was diagnosed with a sprain to the joint at the top of his left shoulder. His doctor treated him a steroid injection and a course of anti-inflammatories. Due to the pain remaining Garda Leonard was treated with the same medication and steroid injection in October 2014.
The High Court was advised that Garda Leonard has now fully recovered from the soft tissue injury. Additionally, the Court was informed that he has never previously claimed under the Garda Compensation Acts.
Legal representatives for Garda Leonard told the High Court that he should be awarded €20,000 workplace injury compensation based on the Book of Quantum. However, the Judge ruled that €8,000 was the appropriate figure of compensation, plus €60 agreed special damages. He, the Judge, went on to say that as part of his ruling, that the appropriate figure is €8,000 due to the recent binding decisions of the Court of Appeal in relation to personal injury cases. This decision directed that a downwards recalibration of damages for personal injury workplace compensation actions of approximately 45-50% must be applied.
The Judge also stated that €8,000 Garda work injury compensation was the proper figure for Garda Leonard and proportionate to the injuries in question.